ROSA v. SCHEIBER

2010-05648.

89 A.D.3d 827 (2011)

932 N.Y.S.2d 349

2011 NY Slip Op 8136

CARLOS E. ROSA et al., Appellants, v. STEVEN M. SCHEIBER et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 9, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence that the injured plaintiff walked out from behind a parked trailer, not within a crosswalk, directly into the path of the defendants' moving vehicle, leaving the defendant driver unable to avoid contact with the injured plaintiff (see Vehicle and Traffic Law § 1152 [a]; ...

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